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February 11, 2025 C-1981-012/New Elk Mine AMG <br /> <br />Number of Partial Inspection this Fiscal Year: 6 <br />Number of Complete Inspections this Fiscal Year: 2 <br /> <br /> Page 5 of 13 <br /> <br />ENFORCEMENT ACTIONS/COMPLIANCE <br /> <br />Infraction Number: CO2024002 <br /> Inspection Date: June 12, 2024 <br /> Date Issued: September 19, 2024 <br /> Primary Topic: <br /> Secondary Topic: <br /> Tertiary Topic: <br /> Description: On June 20, 2024, the Division issued the following violation: <br /> <br />“During the records review, conducted as part of a complete inspection of the New Elk Mine (permit <br />number C-1981-012) operated by New Elk Coal Company, LLC. (“NECC” or “Operator”) in June 2024, <br />the Division found that the certificate certifying NECC has a public liability insurance policy for the <br />operation had expired as of April 2024. At the time of the inspection, NECC’s representative was unsure <br />if the insurance policy had been renewed, and by the time of the inspection report issuance, proof of <br />insurance had not been provided to the Division. Also, NECC did not have or provide satisfactory <br />evidence they had satisfied applicable State or Federal self-insurance requirements. <br /> <br />This is a violation for failure to maintain a certificate certifying that NECC has a public liability insurance <br />policy in full force and effect during the term of the permit or any renewal, including the term of all <br />reclamation operations; or, in lieu of a certificate for public liability insurance policy, satisfactory <br />evidence NECC has satisfied applicable State or Federal self-insurance requirements pursuant to C.R.S <br />34-33-110(5) and Rule 2.03.9.” <br /> <br />NECC had extended the abatement deadline to the full 90 days allowed by Rule 5.03.2(2)(b). The final <br />abatement deadline, set for September 18, 2024, has passed. The Division finds that NECC has failed to <br />abate the violation, and therefore has issued this cessation order in accordance with Rule 5.03.2(3). <br /> <br /> Abatement #: 1 <br /> Abatement Due Date: 9/28/2024 <br /> Abatement Due Extended Date: <br /> Abatement Date: <br /> Abatement Description: New Elk Coal Company, LLC. shall submit to the Division for inclusion <br />in the permit application, a certificate certifying that the applicant has a public liability insurance policy in <br />force for the surface coal mining and reclamation operation. Or, in lieu of a certificate for public liability <br />insurance policy, satisfactory evidence that NECC has satisfied applicable State or Federal self-insurance <br />requirements in accordance with Rule 2.03.9. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />